Atlanta Medical Malpractice Lawyers

If you or a loved one has suffered serious harm due to a healthcare provider’s negligence, you have the right to seek justice. Whether it’s a surgical error, misdiagnosis, medication mistake, or another form of medical malpractice, you may be entitled to hold the responsible parties accountable through a malpractice claim or lawsuit. Our Atlanta medical malpractice lawyer is here to help you investigate what went wrong, prove liability, assess the full extent of your damages, and fight for a settlement that covers your immediate losses and the long-term impact on your health and livelihood.

Medical malpractice is one of the most devastating forms of personal injury, often leading to permanent disability, worsened medical conditions, or even wrongful death. In Atlanta and throughout Georgia, patients suffer life-changing harm in hospitals, surgical centers, clinics, and doctors’ offices, often from preventable mistakes. Beyond the physical and emotional toll, victims and their families face overwhelming medical bills, loss of income, and the challenge of trusting medical professionals again. When your health and future are at stake, having a skilled Atlanta medical malpractice attorney on your side can make a critical difference in securing justice, fair compensation, and peace of mind.

Georgia law places strict deadlines on medical malpractice claims; under the state’s statute of limitations (O.C.G.A. § 9-3-71), victims typically have two years from the date of injury to file a lawsuit, and key evidence like medical records, expert opinions, and witness testimony can quickly become harder to obtain. At Wetherington Law Firm, led by Georgia Super Lawyer Matt Wetherington, our medical malpractice attorneys combine deep knowledge of Georgia personal injury law with a proven track record of verdicts exceeding $500 million. 

We work with top medical experts, conduct thorough investigations, and fight relentlessly for compensation covering medical costs, lost income, pain and suffering, and future care needs. Serving clients across Atlanta, Buckhead, and throughout Georgia, we handle every aspect of your case on a contingency basis; you pay nothing unless we win. Call (404) 888-4444 or complete our free consultation form today. Let us stand with you in your pursuit of justice and accountability.

Atlanta Medical Malpractice Lawyer

Contact Us

Get free case evaluation for medical malpractice claims in Atlanta, Georgia

What Qualifies as Medical Malpractice in Atlanta, GA?

In Atlanta, as in other parts of Georgia, medical malpractice occurs when healthcare providers fail to meet the standard of care expected in their field, resulting in patient harm or injury. To qualify as medical malpractice, several key elements must be present:

1. Violation of Standard of Care: Healthcare professionals are expected to adhere to certain standards that represent what another competent professional would do in a similar situation. If these standards are not met, it may constitute negligence.
2. Injury Caused by Negligence: It must be demonstrated that the patient suffered an injury that would not have occurred in the absence of negligence.
3. Significant Damage: For a medical malpractice claim to be viable, the patient must show that the injury resulted in significant harm. This can include enduring hardship, suffering, pain, considerable medical bills, and loss of income.

It’s important to note that not every medical error constitutes malpractice. The key is whether the healthcare provider’s actions deviated from the standard of care and caused significant harm to the patient. An Atlanta medical malpractice attorney can evaluate all available evidence and determine the strength of evidence to pursue claims or represent you in court.

Common Types of Medical Malpractice Cases We Handle in Georgia

• Surgical Errors: Mistakes during surgery, such as wrong-site operations, retained surgical instruments, or avoidable complications.
• Misdiagnosis or Delayed Diagnosis: Failure to diagnose or timely diagnose serious conditions like cancer, heart attacks, or infections, leading to worsened outcomes.
• Birth Injuries: Medical negligence during labor and delivery causing harm to the baby or mother, including cerebral palsy, brachial plexus injuries, or maternal complications.
• Medication Errors: Incorrect prescriptions, wrong dosages, harmful drug interactions, or administering the wrong medication.
• Anesthesia Errors: Mistakes in anesthesia administration, such as overdose, failure to monitor, or improper intubation, leading to severe injury or death.
• Failure to Treat: Discharging patients too soon or not providing necessary follow-up care, resulting in preventable harm.
• Hospital Negligence: Poor hospital policies, understaffing, or lack of proper protocols leading to patient injuries or infections.
• Nursing Errors: Mistakes by nursing staff, including medication administration errors, patient neglect, or improper monitoring.
• Emergency Room Errors: Misdiagnosis, delayed treatment, or failure to stabilize patients in emergency care settings.
• Defective Medical Devices or Equipment Malfunction: Harm caused by faulty medical devices or improper use of medical equipment during treatment.

How an Atlanta Medical Malpractice Lawyer Can Help

If you have been injured due to medical malpractice in Atlanta, a medical malpractice lawyer can help in the following ways:

• Investigate the Medical Error:  Conduct a thorough review of medical records, treatment history, and circumstances leading to the injury.
• Identify Liable Parties: Determine whether doctors, nurses, hospitals, or other healthcare providers are responsible for the malpractice.
• Consult with Medical Experts: Work with qualified medical professionals to analyze the case, support claims, and provide expert testimony.
• Gather and Preserve Critical Evidence: Secure medical records, expert reports, witness statements, and documentation needed to build a strong case.
• Calculate Full Damages: Assess both immediate and long-term damages, including medical costs, lost wages, pain and suffering, and future care needs.
• Negotiate with Insurance Companies: Handle communications and settlement negotiations with insurers to fight for fair compensation.
• File a Lawsuit When Necessary: Initiate legal action within Georgia’s statute of limitations if a fair settlement isn’t offered.
• Represent You in Court: Present a compelling case before a judge or jury, backed by expert witnesses and strong evidence.
• Protect Your Rights Throughout the Process: Ensure you aren’t pressured into unfair settlements and that your best interests are always the priority.
• Provide Compassionate Legal Guidance: Offer ongoing support, answer questions, and guide you through every step of the legal process.

How to File a Medical Malpractice Claim in Georgia

Filing a medical malpractice claim in Atlanta requires active involvement of a medical malpractice attorney to ensure proper documentation of evidence to present a strong case.

1. Seek Medical Care for Your Injury: Get immediate medical attention to protect your health and create a documented record of the harm suffered.
2. Collect All Relevant Medical Records: Obtain your treatment records, diagnostic reports, billing statements, and any documentation related to the alleged malpractice.
3. Contact an Experienced Medical Malpractice Lawyer: A medical malpractice attorney can assess your case, explain your rights under Georgia law, and guide you through the legal process.
4. Obtain a Medical Expert Affidavit: Georgia law (O.C.G.A. § 9-11-9.1) requires a sworn statement from a qualified medical expert confirming that malpractice likely occurred.
5. Identify All Liable Parties: Work with your attorney to investigate and determine which doctors, nurses, hospitals, or healthcare providers are responsible.
6. Document Your Damages and Losses: Track medical expenses, lost wages, future care costs, pain and suffering, and any other financial or emotional damages.
7. Attempt Pre-Lawsuit Settlement Negotiations: Your Atlanta medical malpractice attorney may negotiate directly with the at-fault party’s insurance company before proceeding to court.
8. File Your Lawsuit Within the Statute of Limitations: You typically have two years from the date of injury under O.C.G.A. § 9-3-71 to formally file your claim in court.
9. Participate in Discovery and Case Preparation: Exchange evidence, conduct depositions, and work with medical experts to build a strong case for trial or settlement.
10. Proceed to Trial or Finalize a Settlement: If negotiations fail, your attorney will represent you in court or help you finalize a settlement that fully compensates your losses.

Medical malpractice claims require active participation of expert witnesses to succeed in various aspects of the case. An experienced Atlanta medical malpractice lawyer work hand in hand with expert witnesses to extablish duty of care, causation and damages. 

Atlanta Medical Malpractice Lawyer

Contact Us

Get free case evaluation for medical malpractice claims in Atlanta, Georgia

What Evidence is Required to Prove a Medical Malpractice Claim in Atlanta, GA?

To prove medical malpractice, various types of evidence are typically required to establish that a healthcare provider’s negligence directly caused harm to the patient. An Atlanta medical malpractice attorney works hand in hand with medical experts to gather all necessary evidence to present a strong case. The key pieces of evidence include:

• Medical Records: These are crucial in any medical malpractice case. They provide a detailed account of the patient’s treatment, including diagnoses, procedures performed, medications prescribed, and notes from healthcare providers.
• Expert Testimony: Expert witnesses, usually medical professionals in the same field as the defendant, are essential. They can help establish the standard of care expected, explain how the defendant deviated from this standard, and illustrate how this deviation caused the patient’s injury.
• Patient’s Testimony and Personal Medical History: The patient’s account of their experiences, symptoms, and the impact of the alleged malpractice on their life is important. Additionally, the patient’s medical history prior to the alleged malpractice incident can provide context for their current condition.
• Witness Testimony: This may include testimony from other healthcare providers, family members, or anyone who can provide relevant information about the patient’s health condition and the care they received.
• Imaging and Lab Results: X-rays, MRIs, CT scans, lab reports, and other diagnostic tests can demonstrate the patient’s condition both before and after the alleged malpractice.
• Documentation of Damages: Evidence of the damages suffered, such as bills for medical treatment, proof of lost wages, and records of other expenses related to the injury, are necessary to establish the financial impact of the malpractice.
• Autopsy Reports: In cases where the patient died, an autopsy report can be critical in determining the cause of death and whether it was related to the alleged malpractice. A wrongful death lawyer will play a critical role in this aspect.

What Compensation and Damages are Available in Medical Malpractice Claims?

In medical malpractice cases, compensation and damages are intended to cover the losses and harms suffered by the patient due to medical negligence. These damages are generally categorized into economic and non-economic damages:

1. Economic Damages: These are tangible losses that the victim has incurred or will incur as a direct result of the malpractice. Economic damages are typically easier to quantify and include:
   • Medical Expenses: Costs for past and future medical care, including hospitalization, surgeries, medications, physical therapy, and rehabilitation.
   • Lost Wages: Compensation for income lost during the recovery period and potential future income loss if the victim’s earning capacity is affected.
   • Additional Expenses: Other financial losses such as costs for transportation to medical appointments, home modifications, or assistive devices required due to the malpractice.
2. Non-Economic Damages: These refer to intangible losses that are subjective and not as easily quantifiable. They include:
   • Pain and Suffering: Compensation for physical pain and emotional distress caused by the malpractice.
   • Scarring or Disfigurement: If the malpractice results in physical changes that affect the victim’s appearance.
   • Loss of Love, Companionship, and Affection: In cases of death, family members may seek damages for the loss of relationship with the victim.
   • Emotional Distress: Compensation for psychological impact such as anxiety, depression, or trauma resulting from the malpractice.

In some jurisdictions, there may be caps on the amount of non-economic damages that can be awarded in medical malpractice cases. These caps are meant to limit the financial liability of healthcare providers and insurers but can vary significantly between states.

Atlanta Medical Malpractice Lawyer

Contact Us

Get free case evaluation for medical malpractice claims in Atlanta, Georgia

Who Can Be Held Liable in a Medical Malpractice Lawsuit in Georgia?

In a medical malpractice case, several parties can potentially be held liable, depending on the circumstances of the case:

• Doctors: This is the most common group of professionals sued in medical malpractice cases. A doctor can be liable if their actions or inactions deviate from the standard of care expected in their field, resulting in harm to the patient.
• Nurses and Medical Staff: Nurses and other medical staff can also be held liable if their negligence contributes to patient harm. This includes errors in administering medication, failing to properly monitor a patient’s condition, or not following protocols.
• Hospitals and Medical Facilities: Hospitals can be held liable for the actions of their employees under the legal principle of “vicarious liability.” They can also be directly liable for issues like inadequate staffing, poor training, or failure to maintain equipment.
• Pharmacists: In cases involving medication errors, pharmacists can be held liable if they dispense the wrong medication or dosage.
• Specialists and Consultants: If a specialist or consultant provides negligent advice or treatment, they can be held accountable.
• Anesthesiologists: Given the high risk associated with anesthesia, anesthesiologists are often involved in malpractice claims related to anesthesia errors.
• Laboratories and Testing Personnel: Errors in laboratory tests, such as misreading test results or failing to communicate results properly, can lead to misdiagnosis or delayed diagnosis, for which the lab personnel might be held liable.

How Does Informed Consent Affect a Medical Malpractice Claim?

Informed consent plays a crucial role in medical malpractice claims. It refers to the process by which a healthcare provider educates a patient about the potential risks, benefits, and alternatives of a proposed medical procedure or treatment, and the patient then gives their voluntary agreement to proceed.

1. Impact on Medical Malpractice Claims: If a healthcare provider fails to obtain informed consent from a patient before performing a procedure or treatment, and the patient subsequently suffers an injury, the lack of informed consent can be a basis for a medical malpractice claim. This is particularly the case if the patient would have declined the procedure or treatment had they been fully informed of the risks.
2. Requirements for Valid Informed Consent: For informed consent to be valid, it must include:
   • Adequate Information: The patient must be given comprehensive information about their condition, the proposed treatment or procedure, the potential risks and benefits, and alternative treatments or procedures, including the option of doing nothing.
   • Understanding and Voluntariness: The patient must understand the information provided and must voluntarily agree to the proposed course of action without coercion.
3. Exceptions to Informed Consent: There are exceptions where informed consent is not required, such as in emergency situations where the patient is unable to give consent and immediate treatment is necessary to prevent serious harm or death.
4. Role in a Malpractice Lawsuit: In a malpractice lawsuit, if it is proved that informed consent was not properly obtained, the healthcare provider may be liable for any harm that resulted from the treatment or procedure, even if the treatment or procedure was performed correctly. The key issue often centers on whether the patient was fully informed about the risks and alternatives.
5. Documenting Informed Consent: Proper documentation of informed consent is important. This typically involves having the patient sign a consent form after they have been given all necessary information and have had the opportunity to ask questions.

Why Choose Wetherington Law Firm for Your Medical Malpractice Lawsuit?

• Expertise in Medical Malpractice Law: At Wetherington Law Firm, we specialize in medical malpractice law, giving us a deep understanding of the complexities and nuances involved. Our dedicated team keeps abreast of the latest legal developments in this field to provide our clients with informed and effective representation.
• Proven Track Record: Our history of successful outcomes speaks volumes about our capability and commitment. We have secured significant compensation for clients who have suffered due to medical negligence, showcasing our ability to handle complex cases with the diligence and expertise they require.
• Personalized Attention: We believe every case is unique and deserves individualized attention. Our attorneys invest time in understanding your specific situation and tailoring our approach to meet your needs. This personalized strategy ensures that we are aligned with your goals and expectations.
• Client-Centered Approach: Our firm is built on the foundation of client satisfaction. We prioritize clear and constant communication, keeping you informed throughout the legal process. We’re committed to being accessible and responsive, ensuring you feel supported at every step.
• Compassionate Representation: We understand that dealing with the aftermath of medical malpractice can be incredibly challenging. Our team approaches each case with empathy and sensitivity, aiming to alleviate your burden while fiercely advocating for your rights.
• Access to Resources: We have access to a network of medical experts and investigators who can provide crucial insights and evidence for your case. This multidisciplinary approach enhances the robustness of our legal strategies.
• No Win, No Fee Commitment: Understanding the financial strain legal proceedings can impose, we operate on a contingency fee basis. This means you pay nothing unless we win your case, ensuring our services are accessible to those who need them most.
• Ethical and Honest Legal Advice: Integrity is at the heart of our practice. We provide honest, straightforward legal advice, setting realistic expectations and guiding you through your options without overpromising outcomes.
• Community Recognition and Trust: Our firm is recognized in the community for our legal excellence and ethical practice. We have earned the trust of countless clients through our unwavering commitment to justice and client welfare.
• Ready to Advocate for You: We are not just your medical malpractice attorneys; we are your advocates, allies, and guides in the pursuit of justice. We are ready to leverage our expertise, resources, and passion to help you achieve the best possible outcome in your medical malpractice case. Book a free consultation with our attorneys today!

Atlanta Medical Malpractice Lawyer

Contact Us

Get free case evaluation for medical malpractice claims in Atlanta, Georgia